Keyspan LNG, LP (Alng)
Third Revised Volume No. 1
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Effective Date: 01/27/2003, Docket: RP03-241-000, Status: Effective
Original Sheet No. 56 Original Sheet No. 56 : Effective
Joseph A. Vaszily, Vice President
GENERAL TERMS AND CONDITIONS
(continued)
13. PROCEDURES FOR AVOIDANCE OF PREGRANTED ABANDONMENT (continued)
13.7 Best Bid. KLNG shall review all bids from Potential Customers
received pursuant to Section 13.5, which have not been rejected by
KLNG, to determine which bid is the Best Bid. For purposes of this
Section 13, the Best Bid shall be the bid with the longest term which
offers the maximum applicable rate for the full term of the bid. If
no bidder offers the maximum rate for the full term of the bid, the
Best Bid shall be that bid that KLNG determines in its discretion,
reasonably exercised, is likely to maximize its revenue earning
potential, taking into account current and future anticipated demand
for firm capacity.
13.8 Matching the Best Bid. Upon written notification from KLNG of the
terms of the Best Bid, Customer shall have the right for a thirty-day
period to notify KLNG whether the Customer is willing to match the
Best Bid. Failure to notify KLNG in writing within said thirty-day
period constitutes a non-revocable waiver of Customer's right to
match the Best Bid. In order to match the Best Bid, Customer must
agree to a rate equal to or greater than the rate set forth in the
Best Bid and agree to execute a service agreement for a contract term
equal to or longer than the contract term set forth in the Best Bid,
up to a period of five (5) years; provided, however, the maximum rate
an existing Customer must match is the maximum rate KLNG can charge
under the agreement that is subject to the Customer's right to match
the Best Bid.
13.9 Mutual Agreement. In the event KLNG does not receive any bids
pursuant to Section 13.5 or KLNG rejects all bids received, KLNG and
Customer may mutually agree upon the terms and conditions under which
Customer shall be entitled to retain its capacity and continue to
receive service. In the event KLNG and Customer have not reached
agreement on the terms and conditions under which service will be
extended before the termination date of the service agreement, at
Customer's election, service for all or part of the contractual
quantity will be extended for a term to be specified by the Customer,
so long as Customer agrees to pay the maximum rate.